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STATE v. BARTONE

C.A. No. 22920.

2009 Ohio 153

State of Ohio, Plaintiff-Appellant, v. Bryan A. Bartone, Defendant-Appellee.

Court of Appeals of Ohio, Second District, Montgomery County.

Rendered on January 16, 2009.

Attorney(s) appearing for the Case

Jill R. Sink, Atty. Reg. No. 0076955, Assistant Prosecuting Attorney, 301 W. Third Street, 5th Floor, Dayton, Ohio 45422, Attorney for Plaintiff-Appellant.

Richard S. Davis, Atty. Reg. No. 0031166, 108 E. Main Street, Tipp City, Ohio 45371, Attorney for Defendant-Appellee.

OPINION

WOLFF, J.

{¶ 1} The State of Ohio appeals from an order suppressing evidence. We will reverse.

I

{¶ 2} The trial court spelled out the facts in its suppression order. These facts find ample support in the record, and we adopt them as our own narration of the facts.

{¶ 3} "On Sunday, April 13, 2008, Officer Imwalle of the Dayton Police Department...

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